§ 6-22-105 — Waiver of insurance deductible prohibited

(1) A roofing
contractor that performs roofing work, the payment for which will be made from the
proceeds of a property and casualty insurance policy issued pursuant to part 1 of
article 4 of title 10, C.R.S., shall not advertise or promise to pay, waive, or rebate all
or part of any insurance deductible applicable to the claim for payment for roofing
work on the covered residential property.

(2) If a roofing contractor violates subsection (1) of this section:

(a) The insurer to whom the property owner submitted the claim for payment
for the roofing work is not obligated to consider the estimate of costs for the
roofing work prepared by the roofing contractor; and

(b) The property owner whose residential property is insured under the
property and casualty insurance policy or the insurer that issued the policy may
bring an action against the roofing contractor in a court of competent jurisdiction to
recover damages sustained by the property owner or insurer as a consequence of
the violation.

(3) A roofing contractor soliciting roofing services in this state shall not
claim to be or act as a public insurance adjuster adjusting claims for losses or
damages. Nothing in this article prevents a public insurance adjuster licensed
pursuant to section 10-2-417, C.R.S., from acting or holding himself or herself out as
a public insurance adjuster. Nothing in this subsection (3) precludes a roofing
contractor from discussing, on behalf of the property owner, the scope of repairs
with a property and casualty insurer when the roofing contractor has a valid
contract with the property owner of the residential property on which the roofing
contractor has contracted to perform roofing work.

Legislative History

Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1390, � 1, effective June 6.